Terms & Conditions

Terms and Conditions

01. These Terms and Conditions apply to all orders.
Receipt of acknowledgment of order by you, constitutes your
acceptance that our conditions are the only conditions that apply to
the contract notwithstanding any purported terms put forward by you.


02. PAYMENT TERMS
2.1. Where a credit account has been accreted payment shall be
made in full by the end of the month following the month in which the
invoice is raised, unless special settlement terms have been agreed
by us in writing.
2.2. Payment shall be made via cleared funds where a credit account
is unavailable before goods can be released.


03. DISCOUNTS
03. Any discounts are offered on the strict understanding that
accounts are paid by the due date. We reserve the right to invoice any
such discounts to accounts which become overdue.


04. PASSING OF TITLE AND RISK
4.1. The risk in the goods shall pass to you on delivery.
4.2. All goods delivered or not, remain our property until payment is
received in full.
4.3. Until such time as payment is made you shall retain such goods
separately from other goods and clearly mark them in such a way that
they can be readily identified as being our property and any payment
received by you for any sale of such goods must be held in a separate
account in trust for us. In the event of non-payment by you for such
goods we will, without loss of any rights or remedy, remove from your
possession those goods belonging to us in accordance with these
conditions and we shall be entitled to enter upon the property where
the goods are stored to repossess and remove the same. You hereby
grant us an irrevocable licence to enter your premises for the said
purposes.


05. PRODUCTS
We reserve the right to alter any details of products advertised without
notice and while every effort is made to describe goods accurately in
the advertisement no warranty is given as to accuracy and no
responsibility will be accepted for error or mis-description and any
resulting loss.


06. QUOTATIONS AND CONTRACTS
Orders are accepted subject to our right to adjust prices quoted to
take account of any changes in the law or Government regulations
requiring us to increase prices by way of direct taxation, import duties,
customs and excise duties or otherwise. The prices are based on
today’s current costs of production and in the event of any increase in
wages or costs of materials to us occurring after the confirmation of
accepted contract, we shall be entitled to charge such increases to
you.


07. PRICES
Where applicable all prices quoted are subject to VAT at the current
rate.


08. DELIVERY
8.1. Every effort will be made to deliver on time, but any delivery day
specified is a best estimate and no liability is accepted for any loss
arising from delay or error in the delivery of the goods. All deliveries
will be charged at the prevailing rates applying at the date of such
delivery.
8.2. Special rush deliveries can usually be arranged but will usually be
subject to additional charges (eg. rush print charges and rush delivery
charges), which will be charged to you at current commercial rates.


09. QUANTITY VARIATION
We shall be deemed to have fulfilled our contract by delivery of a
quantity within 5% plus or minus of the quantity of printed goods
ordered and you will be charged at the contract rate for the quantity
delivered.


10. CLAIMS
10.1. Claims arising from damages, delay or partial loss in transit must
be made in writing to us, so as to reach us within 5 days of delivery.
10.2. All claims with regard to the quality or quantity of the goods shall
be made in writing to us so as to reach us within 5 days of receipt of
goods or such goods shall be deemed to comply as to quality and
quantity within the terms of the contract.
10.3. You must examine all goods delivered at the time of delivery. We
shall not be liable for any loss arising from damage caused to the
goods in transit unless loss or damage is noted on the delivery note at
the time of delivery.
10.4. Claims in respect of non-delivery must be made in writing so as
to reach us within 4 days from receipt of our invoice.


11. LIABILITY
11.1. Save in so far as defects in the goods cause death injury or
damage to personal property, our liability for any loss or damage
suffered by you in respect of the goods shall be limited to the contract
value of the goods.
11.2. We can accept no responsibility for loss or damage arising from
the supply of goods under this contract unless you have fully
complied with the notification of claims procedure set out in clause 10.
11.3. Nothing in these terms and conditions shall affect the rights of a
consumer.


12. CANCELLATION CHARGES
A charge will be made on all cancelled orders, together with the
charge for all work carried out up to the date of written cancellation.


13. SAMPLES
These will be submitted on approval and will be charged if not
returned in good condition within 14 days.


14. OVERDUE ACCOUNTS
14.1. No goods will be delivered on accounts which remain unpaid 14
days after payment is due. We reserve the right to charge interest on
overdue accounts, at the rate of 5% above the Barclays Bank Plc base
rate from time to time from the date the account became due until
payment is received. This does not prevent us from pursuing payment
of overdue accounts at any time after payment becomes due and shall
be in addition to and without prejudice to any other rights we may
have against you.
14.2. We reserve the right to charge you for any legal or collection
charges where it is necessary to obtain payment from you of an
overdue account through a third party or Court proceedings.


15. QUANTITY CHANGES TO ORDERS
Any changes in quantity ordered must be made in writing to us prior
to commencement of processing. Any increase in the order must be
regarded as a separate contract unless written notification is received
before work commences on the original order.


16. ARTWORK AND PRINTING
The entire copyright throughout the world in all screens, artwork,
designs, and any other artistic craftsmanship made by or for
wear2gym pursuant to or in implementation of any contract with the
customer shall belong to wear2gym. wear2gym agrees that unless the
customer becomes in default of any obligation to make any payment
to wear2gym, it will not reproduce any such items for any competitor
in business of the customer.


17. FORCE MAJEURE
We will not be held responsible for failure or delay in the carrying out
of our obligations under the contract arising from any cause outside
our reasonable control or by inability to procure materials or articles
except at higher prices due to any such cause and in such
circumstances we shall be entitled by notice to terminate the contract
in whole or in part without incurring any liability whatsoever to you.


18. MISCELLANEOUS
The contract between ourselves the Company and the Customer shall
be governed by and construed in accordance with English Law.